Skip to comments.George Zimmerman defense to get new evidence today 5/14
Posted on 05/14/2012 10:18:43 AM PDT by Aunt Polgara
SANFORD -- George Zimmerman's attorney is expected to get a look at some of the prosecution's key evidence against his client Monday.
But the public may not get a look at any of it -- at least not yet.
Zimmerman has been charged with second-degree murder for shooting and killing 17-year-old Trayvon Martin in February. Zimmerman has claimed he shot the teen in self-defense, but state prosecutors said the evidence they have collected suggests otherwise.
Normally, such evidence would be made public right away, but attorney Mark O'Mara said he wants to redact some of that information first.
O'Mara said he is trying to do what's best for his client, and he believes the only way for Zimmerman to get a fair trial is to not release the names of witnesses.
According to Zimmerman's attorney, making those names public would put witnesses out there to be hounded by the media. O'Mara said he feels that could jeopardize his client's trial.
O'Mara is expected to file a motion in court Monday to stop the public release of the evidence, so he can redact witnesses' names first.
The information set to be released to O'Mara Monday goes all the way back to Feb. 26, the night of the shooting.
Zimmerman offered an apology to Trayvon Martin's parents at a bond hearing in April, but Martin's family later said they rejected that apology.
What O'Mara is about to get a look at is information that has only been known to those involved in the shooting investigation.
Isn't that what trials are for?
It’s my understanding that in Florida, the evidence that is turned over from one side to the other is available to the public right away.
Good thing the Obama regime isn’t involved in this.. We’d know all the witnesses names, addresses and phone numbers by now. Whew.
Information isn’t so immediately public..
We are witnessing a democrat lynching of an Hispanic man by the most corrupt, communistic regime ever to rule America ... and the media is making sure that the true message is nowhere to be found in the news so that Hispanics can be herded the same way black voters are herded, by their heart strings (emotions) rather than the truth which would set them free from democrat dependency.
It's a one-way street, FWIW. Whatever the state has, that it must disclose to a defendant, is what becomes public.
He should get My Cousin Vinny Gambini to represent him.
Vinny Gambini: [answering the phone] Hello?
D.A. Jim Trotter: [into the phone] You did good out there today, Yankee. I like the competition. You like competition, too? Makes things kinds fun, doesn’t it?
Vinny Gambini: I’m enjoying myself so far.
D.A. Jim Trotter: Well, I got a little surprise for you tomorrow.
Vinny Gambini: What is it? You know you have to disclose all of your evidence to me before presenting it at trial.
D.A. Jim Trotter: I just got it myself tonight. I’ll disclose it first thing in the morning. The Judge is gonna have to admit it.
Vinny Gambini: Should I be worried?
D.A. Jim Trotter: I sure would be if I were you.
Vinny Gambini: [hangs up]
Vinny Gambini: Hey, Honey. Where’d you read about all that disclosure sh!t?
Mona Lisa Vito: Here, let me show ya. Why?
"Hounded by the media"? LOL, not quite. How about threatened and whacked by Holder's People? You know, the ones putting out a New Black Panther magazine with Zimmerman's neck in a noose - and that after openly putting a bounty on Zimmerman's head.
O’Mara can redact until the sun burns out, but those names WILL be leaked.
The corrupt special prosecutor and her investigators have far too much to lose and they will use every trick in the book to save their butts. Mark my words.
Who the hell designed that policy? John Gotti?
“Who the hell designed that policy?”
The authors of the Bill of Rights.
What makes you think they have not been leaked?
What makes you think that corey and co. have not already nifonged the disclosures?
No. In most areas, evidence is released from the state to the defense, period.
Nothing in my comment suggests that they haven’t and it’s a good guess that they have been. Bottom line... they certainly will be.
Zimmerman never offered an apology — with the concomitant implication of an admission of guilt. He said he was sorry that Martin died — essentially offering his condolences to the parents for their loss. Zimmerman let his compassion get the better of his judgment. He should have followed his attorney’s advice and said nothing.
I hate to break it to you, but the authors of the Bill of Rights didn't include any right to discovery in there, and didn't apply the Bill of Rights to the states. The "right" to discovery was created by judicial fiat much later, and then legislation was passed after that to provide the procedures for exchanging information. If I remember correctly, it was sometime early in the 20th century that federal courts decided that access to the prosecution's evidence was part of due process.
Discovery is, however, a very important right, given that the goal of criminal law is justice, not victory.
George Zimmerman prosecutors file list of witnesses, evidence in Trayvon Martin shooting
If I may be so forward, I'd say that reports (and the public) will do themselves and this matter a disservice if they don't read the released evidence at least three times.
First, you read it for what is in it.
The second time, you read it for what is not in it. That's distinctly different. You learn a lot from what's not there, like 'dogs that don't bark.' In this particular case, one should be careful to read not only looking for what should be there but isn't, but also for what we've been told that it turns out is missing from the evidence (at this point) or what we've been told that is different than or disputed by what's in the evidence. Unfortunately, the media will be unlikely to test what they've reported against what's in the evidence.
The third reading is to connect the dots, identify the holes, and identify the places where the evidence is contradictory.
A single reading is a waste of time, IMHO, and will result in people jumping to conclusions because they won't disabuse themselves of things they've 'learned' in the past that is turns out aren't true, or are disputed. Unless one is simply playing cheerleader, one has to read the evidence as a disinterested party first or one will lose the meaning of it.
Obviously not the full list, or not the full list if the prosecutor intends to prevail. Missing are any of the aural witnesses to the screaming, the one known eyewitness to the altercation, the nephew . . .
And of course 'DeeDee', whose real name is Daisha Mitchell, isn't listed as a witness, despite her phone call being referred to in the charging affidavit.
I’m wrong. Among the 40 recorded statements was “W6,” one of the 911 callers. I wonder if she’s the woman who told the police that the man in red (Zimmerman) was being beaten by the kid in the hoodie, who was on top, when she was questioned the night of the shooting, but later changed her story to her seeing Zimmerman beating Martin.
Thanks for weighing in. I appreciate your soapbox perspective, not being an attorney. It should get really interesting soon.
>>It’s a one-way street, FWIW. Whatever the state has, that it must disclose to a defendant, is what becomes public.
Thanks for that info. I’m glad you are always there to correct my misperceptions. :-)
Heh. Well, I can focus pretty well, but I'm also lazy. That means I'm not always there, and compounding that, even when I am "there," chances are I won't say anything - or I'll say it to the wrong person!
Looks like Corey has unloaded her case onto O'Mara. I see in an Eric Zorn report that refers to the Orlando Sentinel that Corey's named those two hired gun "audio experts," Tom Owen and Ed Primeau, who made the news a few weeks ago. That, in combination with the investigator testifying in open court that audio tests were inconclusive, is interesting. The conclusions of Owen and Primeau are half-baked, at best.
I don’t expect the “audio experts’” testimony to go very far, between the eyewitness, Trayvon’s father and what appears to me to be a consensus among audio experts that what they tried to do was not possible.
I do remember an thread awhile back among audio techies here on FR about the difficulties of voice identification across digital and audio lines... the discussion was way above my pay grade, but the Freepers did seem to know what they are talking about.
The expert opinion of Ed Primeau is really funny.
The reason I found the state's listing of Owens and Primeau as "interesting" is the same reason I find it "interesting" that DeeDee and Sybrina are the star witnesses for the prosecution. None of them were there! Next thing you know, they'll cite Cutcher as a credible witness.
The state seems to be flinging poo.
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